Indiana Code 15-15-1-31. Exceptions from labeling requirements
(1) Seed or grain not intended for seeding and sowing purposes. However, treated agricultural seed must be labeled in accordance with section 32 of this chapter when sold to any person for any purpose whether the seed is in containers or in bulk.
Terms Used In Indiana Code 15-15-1-31
- agricultural seed: means the seeds of legume, grass, forage, cereal, fiber, or oil crops. See Indiana Code 15-15-1-2
- in bulk: refers to seed in an unpackaged form. See Indiana Code 15-15-1-4
- kind: means one (1) or more related species or subspecies of plant that singly or collectively are known by one (1) common name, including corn, oats, alfalfa, and timothy. See Indiana Code 15-15-1-9
- labeling: refers to the use of labels or other written, printed, or graphic representations in any form accompanying or associated with a lot of seed whether in bulk or in containers. See Indiana Code 15-15-1-11
- noxious weed seed: means either of the following:
Indiana Code 15-15-1-14
- person: means an individual, a partnership, a company, or a corporation. See Indiana Code 15-15-1-16
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- restricted noxious weed seed: means :
Indiana Code 15-15-1-20
- treated: refers to seed that has been subjected to an application of a substance or a process to:
Indiana Code 15-15-1-21
- variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which a plant can be differentiated from other plants of the same kind. See Indiana Code 15-15-1-23
- vegetable seed: means the seeds:
Indiana Code 15-15-1-24
- weed seed: means the seeds of all plants commonly recognized as weeds in Indiana. See Indiana Code 15-15-1-25
(3) A carrier in respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing, processing, or distributing agricultural or vegetable seed subject to this chapter.
(4) Seed that satisfies all the following:
(A) The seed is grown on the property owned by the seller of the seed.
(B) The seed is sold and delivered to the purchaser on the property on which the seed is grown.
(C) The seed does not contain prohibited noxious weed seed.
(D) The seed contains not more than one-fourth of one percent (0.25%) of restricted noxious weed seed.
(E) The seed contains not more than two and one-half percent (2.5%) of all weed seed.
If seed is advertised for sale through the medium of the public press, by circular, by catalog, or by exposing a sample of the seed or a printed or written statement about the seed in a public place or place of business, or if the seed is delivered by a common carrier, (except when transported for the purpose of being recleaned as provided in this section), the producer is considered to be a vendor, and the seed must meet all requirements of this chapter, including complete labeling of the seed. For cereal and soybean seed where the purpose for which the seed is intended may be in question, seed advertised for sale by variety name, as processed, tested, treated, or offered at a price substantially higher than current market prices, is presumed to be offered for seeding purposes and subject to the labeling provisions of this chapter.
(b) A person is not subject to the penalties of this chapter for distributing agricultural or vegetable seed incorrectly labeled or represented as to kind, variety, or origin and that cannot be identified by examination of the seed unless the person fails to:
(1) obtain an invoice, genuine grower’s declaration, or other labeling information; and
(2) take other precautions reasonable to ensure the identity of the seed as stated.
[Pre-2008 Recodification Citation: 15-4-1-8.]
As added by P.L.2-2008, SEC.6.